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SF4679 • 2026
Batteries stewardship program establishment, mercury prohibition in batteries provision, lead acid batteries and rechargeable consumer products provisions modifications, and appropriation
Batteries stewardship program establishment, mercury prohibition in batteries provision, lead acid batteries and rechargeable consumer products provisions modifications, and appropriation
Budget
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-03-25
House
Author added Abeler
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2026-03-23
House
Introduction and first reading
Official Summary Text
Batteries stewardship program establishment, mercury prohibition in batteries provision, lead acid batteries and rechargeable consumer products provisions modifications, and appropriation
Current Bill Text
Read the full stored bill text
A bill for an act relating to environment; establishing stewardship program for batteries; prohibiting mercury in batteries; modifying provisions for lead acid batteries and rechargeable consumer products; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2024, sections 115.071, subdivision 1; 115A.03, by adding subdivisions; 115A.554; 115A.9157; 116.92, subdivision 6, by adding a subdivision; 325E.1151, subdivisions 1, 2, 3, by adding a subdivision; 325E.12; 325E.125, subdivisions 3, 5; 325E.1251, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, 3; 325E.115; 325E.1151, subdivision 4; 325E.125, subdivisions 1, 2, 2a, 4; 325E.1251, subdivision 1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2024, section 115.071, subdivision 1, is amended to read: Subdivision 1. Remedies available. The provisions of sections 103F.701 to 103F.755 , this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to deleted text begin 325E.1251 deleted text end new text begin 325E.12 new text end and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the agency thereunder or under any other law now in force or hereafter enacted for the prevention, control, or abatement of pollution may be enforced by any one or any combination of the following: criminal prosecution; action to recover civil penalties; injunction; action to compel or cease performance; or other appropriate action, in accordance with the provisions of said chapters and this section. new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 2. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to read: new text begin Subd. 3b. new text end new text begin Battery. new text end new text begin "Battery" means one or more galvanic cells, including any structural members, casing, and terminals. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 3. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to read: new text begin Subd. 10d. new text end new text begin Distribute. new text end new text begin "Distribute" means to sell, offer, supply, ship, transport, or deliver a product to a person that sells, offers, supplies, ships, transports, or delivers the product in or into this state, regardless of whether title to the product is ever acquired by a person distributing the product. new text end Sec. 4. Minnesota Statutes 2024, section 115A.03, is amended by adding a subdivision to read: new text begin Subd. 10g. new text end new text begin Facilitate a sale. new text end new text begin "Facilitate a sale" means to assist a person in transferring title or possession of a product, regardless of whether title or possession is ever acquired by the person facilitating a sale, such as by operating an online marketplace, publishing an offer for sale on a website, physically storing inventory of products, entering into a contract to allow another person to list a product for sale, processing payment on behalf of another person, entering into a contract with a buyer or a seller related to a sale, or otherwise providing a sales process. Facilitate a sale does not include acting solely as: new text end new text begin (1) an advertiser; new text end new text begin (2) a payment processor; or new text end new text begin (3) a common carrier. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 5. new text begin [115A.1331] STEWARDSHIP PROGRAM FOR COVERED BATTERIES; DEFINITIONS. new text end new text begin (a) The terms used in sections 115A.1331 to 115A.1347 have the meanings given in this section and section 115A.03. new text end new text begin (b) "Battery-containing product" means a product in which a battery is contained or to which a battery is attached. new text end new text begin (c) "Brand" means a mark, a registered or unregistered trademark, a logo, a name, a symbol, a word, or an identifier that attributes a product to the owner or licensee of the brand. If there is no such mark, trademark, logo, name, symbol, word, or identifier, the brand is the name of a covered battery producer. new text end new text begin (d) "Collection" means receipt of discarded covered batteries from a person, including sorting and storage that are necessary for receipt and that are performed by the covered battery collector. Collection does not include transport of a covered battery that occurs after a covered battery collector receives the covered battery, except for transport by the covered battery collector to or between a covered battery collection site or sites operated by the covered battery collector. new text end new text begin (e) "Covered battery" means a loose battery or a battery that is easily removable from a battery-containing product. Covered battery may be of any brand, type, physical size, energy capacity, or chemistry. Covered battery does not include: new text end new text begin (1) a large lead acid battery; new text end new text begin (2) a battery designed, manufactured, and intended solely for use in a motor vehicle as defined under section 168.002; new text end new text begin (3) a battery designed, manufactured, and intended solely for use in manufacturing, industrial, or other commercial settings; new text end new text begin (4) a battery designed, manufactured, and intended solely for use in a medical device, as defined in the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 301 et seq., except for such a device marketed for use in a household, as defined in section 115A.96; or new text end new text begin (5) a battery removed from a permanent, stationary, energy storage system that requires installation and removal by an electrician licensed under chapter 326B. new text end new text begin (f) "Covered battery clearinghouse" means the organization that is responsible for implementing the covered battery stewardship program if covered battery producers are represented by more than one covered battery stewardship organization. If all covered battery producers are represented by a single covered battery stewardship organization, then covered battery clearinghouse means the covered battery stewardship organization. new text end new text begin (g) "Covered battery collection site" means a physical location where a covered battery collector collects covered batteries from other persons, regardless of whether the covered battery collector operates the location permanently, temporarily, or for purposes of a collection event. new text end new text begin (h) "Covered battery collector" means a person that collects covered batteries on behalf of the covered battery clearinghouse and receives reimbursement through the covered battery clearinghouse for the covered battery collector's costs for collection of the covered batteries. new text end new text begin (i) "Covered battery producer" means, with respect to a covered battery that is sold, including online sales; offered for sale or promotional purposes; or distributed in or into the state, a person that: new text end new text begin (1) manufactured the covered battery; new text end new text begin (2) imported the covered battery into the United States; or new text end new text begin (3) owns or controls or is licensed to use a brand under which the covered battery is sold, including online sales; offered for sale or promotional purposes; or distributed in or into the state. new text end new text begin (j) "Covered Battery Reimbursement Board" or "board" means the Covered Battery Reimbursement Board established in section 115A.1333, subdivision 1. new text end new text begin (k) "Covered battery stewardship organization" means an organization that contracts with one or more covered battery producers to meet the producers' obligations under sections 115A.1331 to 115A.1347. new text end new text begin (l) "Covered battery stewardship plan" or "stewardship plan" means a plan that is prepared according to section 115A.1335 and submitted to the commissioner by the covered battery clearinghouse. new text end new text begin (m) "Covered battery stewardship program" means the system implemented by the covered battery clearinghouse to manage all covered batteries offered to a covered battery collector or subject to section 115A.1343, subdivision 1, paragraph (a), by arranging and paying for the collection, covered services, and all other activities described in a covered battery stewardship plan approved by the commissioner under section 115A.1335, subdivision 4. new text end new text begin (n) "Covered services" means transportation, processing, recycling, and disposal of covered batteries and residual materials after collection. Covered services does not include: new text end new text begin (1) repair or reuse of a covered battery by the collector; or new text end new text begin (2) transport of a covered battery by the covered battery collector that collected it to or between a covered battery collection site or sites that are operated by the covered battery collector. new text end new text begin (o) "De minimis covered battery producer" means a covered battery producer that, in the most recent calendar year, had fewer than 100 covered batteries that were sold, including online sales, in or into the state and for which the covered battery producer was responsible. new text end new text begin (p) "Easily removable" or "easily removed" means that a battery can be removed by a single person from a product using only the person's hands, a slotted screwdriver, or a #2 Phillips screwdriver. new text end new text begin (q) "Full covered battery collection site" means a covered battery collection site that meets the requirements of section 115A.1341, subdivision 1, paragraph (b). new text end new text begin (r) "Household hazardous waste management program" means a program established under section 115A.96, subdivision 2, to collect and manage household hazardous waste as defined in section 115A.96. new text end new text begin (s) "Independent auditor" means a certified public accountant that: new text end new text begin (1) holds an active license under chapter 326A and rules adopted thereunder; new text end new text begin (2) is retained by the covered battery clearinghouse; new text end new text begin (3) is not otherwise employed by or affiliated with the commissioner or the covered battery clearinghouse; and new text end new text begin (4) is qualified to conduct an audit under section 115A.1337, subdivision 7, paragraph (b), clause (7). new text end new text begin (t) "Large lead acid battery" means a battery that has electrodes composed of metallic lead or lead compounds; uses an acid electrolyte in any form, including liquid, gel, or absorbed; and weighs 11 pounds or more. Large lead acid battery includes a dry-charged battery that is shipped for sale without electrolyte in the battery. Large lead acid batteries are subject to section 325E.1151. new text end new text begin (u) "Loose battery" means a battery that is not contained in or attached to a product. Loose battery does not include a battery that is contained in an enclosure when the enclosure is not integral to the operation of the battery. Loose battery may be of any brand, type, physical size, energy capacity, or chemistry. new text end new text begin (v) "Participant" means a covered battery producer that is named by the covered battery clearinghouse as meeting the covered battery producer's obligations under sections 115A.1331 to 115A.1347. new text end new text begin (w) "Rechargeable battery" means a battery that is designed and intended to have electrical energy added to it by electrical or physical means after use. new text end new text begin (x) "Responsible market" means a market for covered batteries, for reclaimed materials from collected covered batteries, or for any other recyclable residual material from collected covered batteries that: new text end new text begin (1) reuses, recycles, or otherwise recovers materials and disposes of contaminants in a manner that protects the environment and minimizes risks to public health and worker health and safety; new text end new text begin (2) complies with all applicable federal, state, and local statutes, rules, ordinances, and other laws governing environmental, health, safety, and financial responsibility; new text end new text begin (3) possesses all licenses and permits required by a federal or state agency or political subdivision; new text end new text begin (4) if operating in the state, recycles batteries to the maximum extent practicable in accordance with section 115A.02, paragraph (b); and new text end new text begin (5) minimizes adverse impacts to environmental justice areas. new text end new text begin (y) "Specialized covered battery recycler" means a person that, if and as applicable, is properly authorized by the commissioner or, if operating in another state or country, by an equivalent state, federal, or other governmental body, to process or recycle useful materials from covered batteries. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 6. new text begin [115A.1333] COVERED BATTERY REIMBURSEMENT BOARD. new text end new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The Covered Battery Reimbursement Board is established to recommend reimbursement rates for covered battery collection to the commissioner. Except as provided in this section, chapter 15 does not apply to the board. new text end new text begin Subd. 2. new text end new text begin Membership. new text end new text begin (a) By January 1, 2027, the commissioner must appoint the initial membership of the Covered Battery Reimbursement Board. Membership must consist of: new text end new text begin (1) two members representing household hazardous waste management programs; new text end new text begin (2) two members representing covered battery collectors that are not household waste management programs; and new text end new text begin (3) four members representing covered battery producers. new text end new text begin (b) In making appointments under paragraph (a), the commissioner may not appoint persons who are: new text end new text begin (1) current or elected Minnesota state representatives or senators; new text end new text begin (2) required to register as lobbyists under section 10A.03; or new text end new text begin (3) employees of the agency. new text end new text begin (c) Initial appointments under paragraph (a), clause (2), must represent potential battery collectors. After January 1, 2030, whenever the terms of these members expire according to subdivision 3, the new appointments must represent covered battery collectors. new text end new text begin Subd. 3. new text end new text begin Terms; removal. new text end new text begin Members serve for a term of four years, except that one member appointed under subdivision 2, paragraph (a), clause (1); one member appointed under subdivision 2, paragraph (a), clause (2); and two members appointed under subdivision 2, paragraph (a), clause (3), must be appointed to serve an initial term of two years, so that membership terms are staggered. Members may be reappointed to another term following the end of a term. The removal of members is governed by section 15.059, subdivision 4. new text end new text begin Subd. 4. new text end new text begin Quorum; voting. new text end new text begin Meetings of the board must have at least a quorum of six members. Recommendations of the board require the affirmative vote of at least five members. new text end new text begin Subd. 5. new text end new text begin Administrative support; facilitator. new text end new text begin (a) The commissioner must provide administrative support to the board, including meeting space and public access for meetings conducted by telephone or interactive technology. The commissioner must ensure that all activities of the board that require public notice, such as notice of meetings, agendas and materials related to agenda items, and minutes, are published on the agency's publicly accessible website. new text end new text begin (b) The board must ensure that all activities of the board that require public notice are timely provided to the commissioner for publication. new text end new text begin (c) The commissioner must contract for an independent facilitator for the board. The facilitator is not a member for purposes of quorum or voting. new text end new text begin Subd. 6. new text end new text begin Meetings. new text end new text begin (a) The board must meet at least annually and additionally as necessary to meet the requirements of subdivisions 7 to 9. Meetings may be scheduled at the request of four members of the board. new text end new text begin (b) The board is subject to chapter 13D. new text end new text begin Subd. 7. new text end new text begin Recommendations for reimbursement rates. new text end new text begin (a) By January 1, 2028, and beginning July 1, 2029, at least annually each July 1, the board must submit to the commissioner a recommendation for reimbursement rates for covered battery collection for the following calendar year. new text end new text begin (b) If the board does not submit a recommendation for reimbursement rates by the due dates in paragraph (a), then within 30 days after a due date, the facilitator must review the proposals of each member of the board and prepare and submit a recommendation for reimbursement rates to the commissioner. Notwithstanding the proposals of any members of the board, the recommendation of the facilitator under this paragraph is considered the recommendation of the board. new text end new text begin (c) Recommended rates may be differentiated by methods recommended by the board, such as local property lease or purchase costs, prevailing local wages, or other factors to ensure: new text end new text begin (1) convenient collection statewide according to section 115A.1335, subdivision 3; and new text end new text begin (2) that all costs of collection are covered according to paragraph (d). new text end new text begin (d) Recommended rates must cover all costs of covered battery collection incurred by covered battery collectors, including but not limited to: new text end new text begin (1) labor, overhead, and supplies; new text end new text begin (2) necessary collection and storage structures and containers; new text end new text begin (3) employee training; new text end new text begin (4) necessary safety equipment, including appropriate fire protection and suppression equipment and supplies; and new text end new text begin (5) any other costs determined necessary by the commissioner. new text end new text begin (e) In making determinations under paragraph (d), clause (5), the commissioner may consider data submitted according to section 115A.1337, subdivision 7; the quantity of covered batteries collected; the estimated quantity of covered batteries sold in or into the state; the estimated quantity of covered batteries discarded into solid waste in the state; and any other information related to the implementation of sections 115A.1331 to 115A.1347. new text end new text begin (f) The board must also consider any additional financial incentives necessary to induce covered battery collectors to join the covered battery stewardship program, if necessary for the covered battery clearinghouse to meet or exceed the required convenience standards under section 115A.1335, subdivision 3. new text end new text begin Subd. 8. new text end new text begin Review and approval of reimbursement rates. new text end new text begin (a) Within 90 days after receiving a recommendation on reimbursement rates submitted under subdivision 7, the commissioner must review the recommendation and approve or reject the recommendation. new text end new text begin (b) In conducting a review of a recommendation, the commissioner may consult with interested parties. new text end new text begin (c) For at least 30 days before approving a recommendation under this subdivision, the commissioner must post the recommendation on the agency's publicly accessible website for public review and comment. new text end new text begin (d) If the commissioner determines that a recommendation does not meet the requirements of sections 115A.1331 to 115A.1347, the commissioner must reject the recommendation. The commissioner must provide a written notice of determination describing the reasons for the rejection to the board. The board must meet as necessary to submit a revised recommendation to the commissioner. new text end new text begin (e) After consultation under paragraph (b) and review of public comments under paragraph (c), if the commissioner determines that a recommendation meets the requirements of this section, the commissioner may approve the recommendation. The commissioner must provide a written notice of approval to the board and to the covered battery clearinghouse. In the notice, the commissioner must specify the effective date of the approved reimbursement rates. new text end new text begin (f) The commissioner must publish approved reimbursement rates on the agency's publicly accessible website within 30 days after approving the rates. The commissioner must continue to publish the approved rates until a successive reimbursement rate is approved and published. new text end new text begin Subd. 9. new text end new text begin More-frequent rate changes. new text end new text begin The board may, for good cause, submit a recommendation for reimbursement rates to the commissioner more frequently than once per year. The commissioner must review the recommendation according to subdivision 8. new text end new text begin Subd. 10. new text end new text begin Continuation of rates. new text end new text begin Approved reimbursement rates remain in effect until the commissioner approves a new rate recommendation of the board. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 7. new text begin [115A.1335] COVERED BATTERY STEWARDSHIP PLAN AND BUDGET. new text end new text begin Subdivision 1. new text end new text begin Due dates; assumption of responsibility by one producer for other producers. new text end new text begin (a) By July 1, 2027: new text end new text begin (1) each covered battery producer must contract with a covered battery stewardship organization to act on the covered battery producer's behalf; new text end new text begin (2) if covered battery producers contract with more than one covered battery stewardship organization, then all the covered battery stewardship organizations must establish or identify a covered battery clearinghouse to administer the covered battery stewardship program; and new text end new text begin (3) the covered battery clearinghouse must notify the commissioner that it has been established and provide to the commissioner identification of and contact information for the covered battery clearinghouse and all covered battery stewardship organizations that have contracted with the covered battery clearinghouse. new text end new text begin (b) If more than one person is a producer for a specific covered battery, one producer may assume all responsibility for obligations to a covered battery stewardship organization on behalf of another producer or all other producers for that covered battery. If the one producer assuming responsibility meets all obligations on behalf of one or more other producers of a covered battery, then each of those producers is a participant. new text end new text begin (c) By January 1, 2029, the covered battery clearinghouse must submit to the commissioner a single covered battery stewardship plan that meets the requirements of subdivision 2 for review under subdivision 4. new text end new text begin Subd. 2. new text end new text begin Plan content; budget requirement. new text end new text begin (a) The covered battery stewardship plan must include: new text end new text begin (1) identification of and contact information for the covered battery clearinghouse and all covered battery stewardship organizations that have contracted with the covered battery clearinghouse; new text end new text begin (2) copies of contracts clearly granting the covered battery clearinghouse the authority to act on behalf of the covered battery stewardship organizations and the participants they represent to implement the covered battery stewardship plan, including responsibility of the covered battery stewardship organizations and the participants they represent to comply with an approved covered battery stewardship plan and to fund the covered battery clearinghouse as necessary to implement the covered battery stewardship plan, pay for associated costs, and pay for fees and penalties assessed by the commissioner; new text end new text begin (3) identification of and contact information for all participants in the covered battery stewardship program; new text end new text begin (4) identification of and contact information for each covered battery collector; new text end new text begin (5) identification of and contact information for each person providing covered services and the location of all facilities where covered services will be provided; new text end new text begin (6) identification and contact information for all subordinate persons that the covered battery clearinghouse has contracted with to administer and implement the covered battery stewardship program in accordance with section 115A.1337, subdivision 8. The relationship of the other persons to the covered battery clearinghouse and their role in administering and implementing the covered battery stewardship program must be described; new text end new text begin (7) the address; county of location; and, in a form prescribed by the commissioner, geolocation data for each covered battery collection site to be served through the covered battery clearinghouse under the covered battery stewardship program and identification of those covered battery collection sites that are operated by a household hazardous waste management program; new text end new text begin (8) a list of the brands covered under the covered battery stewardship program; new text end new text begin (9) eligibility criteria for prospective covered battery collectors; new text end new text begin (10) a description of how the covered battery stewardship program will provide covered services under this section to any household hazardous waste management program in a manner that is equal to the covered services provided to all other covered battery collectors, if the operator of the household hazardous waste management program requests covered services; new text end new text begin (11) a description of how the covered battery stewardship program will provide convenient, statewide collection according to subdivision 3; new text end new text begin (12) a description of how the covered battery clearinghouse will annually monitor and ensure continuing compliance with the convenience standards under subdivision 3; new text end new text begin (13) a description of how the covered battery clearinghouse will ensure each covered battery collector is provided with the materials specified in section 115A.1337, subdivision 1; new text end new text begin (14) a description of how covered battery collection sites will be accessible according to section 115A.1337, subdivision 3; new text end new text begin (15) the performance standards for persons providing covered services for the covered battery clearinghouse and the oversight methods by which the covered battery clearinghouse will ensure continuing compliance with the performance standards. The covered battery clearinghouse may determine performance standards, which at a minimum must: new text end new text begin (i) accord with clauses (19) to (22), (24), (25), and (35); new text end new text begin (ii) ensure that covered services other than transportation are provided only by specialized covered battery recyclers; and new text end new text begin (iii) ensure covered batteries and residual materials are managed through responsible markets; new text end new text begin (16) a description of the oversight methods by which the covered battery clearinghouse will ensure continuing compliance with the performance standards under clause (15); new text end new text begin (17) a description of how the covered battery clearinghouse will ensure that there are at least ten persons providing covered services; new text end new text begin (18) a description of how the covered battery clearinghouse will arrange for and ensure that covered services are provided by small businesses, as determined according to the Code of Federal Regulations, title 13, part 121, for at least 25 percent of the covered batteries collected annually, by weight; new text end new text begin (19) a description of methods by which the covered battery clearinghouse will ensure that discarded covered batteries and residual materials managed under the covered battery stewardship program are managed while in the state in compliance with rules adopted under section 116.07 for managing solid waste and hazardous waste, when applicable, and, when outside the state, with all federal, state, and local requirements for managing solid waste and hazardous waste, as applicable; new text end new text begin (20) a description of the actions the covered battery clearinghouse will take upon receiving information of potential or actual noncompliance under clause (19) by any person handling covered batteries under the covered battery stewardship program; new text end new text begin (21) a description of methods by which the covered battery clearinghouse will ensure that covered batteries and residual materials managed under the covered battery stewardship program are managed in compliance with safety and health requirements for employees administered by the Department of Labor and Industry and with fire protection requirements administered by the Department of Public Safety while in the state and, when outside the state, with all applicable federal, state, and local employee safety and health requirements and fire protection requirements; new text end new text begin (22) a description of the actions the covered battery clearinghouse will take upon receiving information of potential or actual noncompliance under clause (21) by any person handling covered batteries under the covered battery stewardship program; new text end new text begin (23) a description of how the covered battery clearinghouse will ensure sufficient and timely pickup and transport of covered batteries are provided to each covered battery collection site so that the covered battery collection site can continuously and safely collect and store covered batteries; new text end new text begin (24) a description of methods by which the covered battery clearinghouse will ensure that covered batteries and residual materials managed under the covered battery stewardship program are transported in compliance with applicable regulations incorporated by reference under section 221.033 for transporting hazardous materials while in the state and, when outside the state, with all federal, state, and local requirements for transporting hazardous materials; new text end new text begin (25) a description of the actions the covered battery clearinghouse will take upon receiving information of potential or actual noncompliance under clause (24) by any person handling covered batteries under the covered battery stewardship program; new text end new text begin (26) a statement of indemnification by the covered battery clearinghouse to covered battery collectors for potential liability for improper downstream management of covered batteries or residual materials by providers of covered services arranged for by the covered battery clearinghouse and identified in the covered battery stewardship plan under clause (5); new text end new text begin (27) a description of how the covered battery clearinghouse will determine and annually report the quantity of covered batteries collected under the covered battery stewardship program by chemistry by weight; new text end new text begin (28) a description of the outreach and education methods and activities that the covered battery clearinghouse will ensure are provided according to section 115A.1337, subdivision 5; new text end new text begin (29) a description of how the covered battery clearinghouse will ensure that there is at least one full-time representative of the covered battery clearinghouse who is solely dedicated to implementing the covered battery stewardship program in this state and serves as the primary contact between the covered battery clearinghouse and the agency; new text end new text begin (30) a description of the system by which the covered battery clearinghouse will provide advance payment or reimbursement to covered battery collectors in a manner that: new text end new text begin (i) provides: new text end new text begin (A) periodic automatic payment of reimbursements at least annually; or new text end new text begin (B) a process for submitting reimbursement requests and reasonable timelines for reimbursement at intervals no longer than monthly unless otherwise agreed to by the covered battery collector; and new text end new text begin (ii) provides an independent mediator to resolve reimbursement disputes that arise between the covered battery clearinghouse and a covered battery collector; new text end new text begin (31) a description of the system by which the covered battery clearinghouse will pay persons providing covered services in a manner that provides: new text end new text begin (i) a clear process for submitting invoices; new text end new text begin (ii) reasonable timelines for payment at intervals no longer than monthly unless otherwise agreed to by the person providing covered services; and new text end new text begin (iii) an independent mediator to resolve payment disputes that arise between the covered battery clearinghouse and a person providing covered services; new text end new text begin (32) a description of how the covered battery stewardship program costs will be allocated among participants, either individually or among groups of participants identified by the covered battery clearinghouse, or through covered battery stewardship organizations that have contracted with the covered battery clearinghouse, such that the costs of managing covered batteries are allocated equitably. The description must include a clear assignment of responsibility for costs of managing covered batteries subject to a voluntary or mandatory recall to the participant or participants associated with those covered batteries and not to other participants; new text end new text begin (33) a description of how the covered battery clearinghouse will comply with subdivision 6, paragraph (c); new text end new text begin (34) a description of how the covered battery clearinghouse will assist covered battery producers in complying with the labeling requirements under section 115A.1347, subdivision 2, paragraph (a); new text end new text begin (35) a description of how the covered battery clearinghouse will ensure that covered batteries and residual materials managed under the covered battery stewardship program are managed to the maximum extent practicable in accordance with section 115A.02, paragraph (b); new text end new text begin (36) a description of how the covered battery clearinghouse will incentivize investment in processes, product design and material use, technology, and personnel training that could raise the future maximum extent practicable for management described in clause (35), including consideration of covered battery reuse, repair, and product life cycle; new text end new text begin (37) a description of how the covered battery clearinghouse will annually report to the commissioner, by chemistry by weight, the end management through recycling or disposal of covered batteries for which the covered battery stewardship program was responsible during each calendar year; and new text end new text begin (38) a description of how the covered battery clearinghouse will take action to decrease the incidence of covered batteries in solid waste in the state according to section 115A.1337, subdivision 5, paragraph (c), including providing collection opportunities under section 115A.1337, subdivision 3, paragraph (b). new text end new text begin (b) By January 1, 2029, and annually thereafter, the covered battery clearinghouse must submit an anticipated annual budget for the covered battery stewardship program for the following calendar year, broken down into the covered battery stewardship program's estimated costs for administration, collection, sorting after collection, storage after collection, transportation after collection, processing, recycling, disposal, and communication, including the cost of fees under section 115A.1339. The budget is not subject to review and approval under subdivisions 4 and 5. new text end new text begin Subd. 3. new text end new text begin Convenience standards. new text end new text begin (a) The covered battery stewardship plan must provide convenient, statewide collection for all covered batteries that are offered to covered battery collectors by a person in the state, regardless of: new text end new text begin (1) a covered battery's type, physical size, energy capacity, or chemistry; new text end new text begin (2) a covered battery's brand; or new text end new text begin (3) the producer of a covered battery. new text end new text begin (b) The covered battery stewardship plan must meet the following convenience standards: new text end new text begin (1) for each county with a population of 10,000 or less, maintain at least two full covered battery collection sites; new text end new text begin (2) for each county with a population greater than 10,000 but less than or equal to 100,000, maintain at least two full covered battery collection sites and at least one additional full covered battery collection site for each additional 10,000 in population above a population of 10,000; new text end new text begin (3) for each county with a population greater than 100,000, maintain at least 11 full covered battery collection sites and at least one additional full covered battery collection site for each additional 50,000 in population above a population of 100,000; new text end new text begin (4) maintain a full covered battery collection site located within ten miles of the household of at least 95 percent of the residents of the state; new text end new text begin (5) ensure no net loss in estimated collection convenience and capacity for covered batteries; and new text end new text begin (6) any additional convenience standards that the commissioner determines are necessary to provide convenient, statewide collection for covered batteries, including operation of additional covered battery collection sites. new text end new text begin (c) In making a determination under paragraph (b), clause (6), the commissioner may consider data submitted according to section 115A.1337, subdivision 7; the quantity of covered batteries collected; the estimated quantity of covered batteries sold in or into the state; the estimated quantity of covered batteries disposed of in the state; and other information related to the effectiveness of the covered battery stewardship program. new text end new text begin Subd. 4. new text end new text begin Review of covered battery stewardship plan; implementation. new text end new text begin (a) Within 120 days after receiving a complete covered battery stewardship plan submitted under this section, the commissioner must determine whether the stewardship plan complies with this section and will ensure that elements required by subdivision 2, paragraph (a), will be met to the maximum extent practicable. The commissioner must provide a written notice of determination according to this subdivision. new text end new text begin (b) In conducting a review of a covered battery stewardship plan, the commissioner may consult with interested parties. new text end new text begin (c) For at least 30 days before approving a covered battery stewardship plan, the commissioner must place the stewardship plan on the agency's publicly accessible website for public review and comment. new text end new text begin (d) If the commissioner determines that a covered battery stewardship plan fails to comply with this section or will not ensure that elements required by subdivision 2, paragraph (a), will be met to the maximum extent practicable, the commissioner must reject the covered battery stewardship plan. The commissioner must provide a written notice of determination to the covered battery clearinghouse describing the reasons for the rejection. new text end new text begin (e) After any consultation under paragraph (b) and review of public comments received under paragraph (c), if the commissioner determines that a covered battery stewardship plan complies with this section and will ensure that elements required by subdivision 2, paragraph (a), will be met to the maximum extent practicable, the commissioner must approve the covered battery stewardship plan. The commissioner must provide a written notice of determination to the covered battery clearinghouse and must publish the approved covered battery stewardship plan on the agency's publicly accessible website within 30 days after approval. new text end new text begin (f) The covered battery clearinghouse must implement the covered battery stewardship plan approved by the commissioner, including any amendments to the stewardship plan that are approved by the commissioner according to subdivision 5, within 60 days after receiving written notice of approval. new text end new text begin (g) For each covered battery stewardship plan or amendment submitted to the commissioner for review, the commissioner may consider the data submitted according to section 115A.1337, subdivision 7, and other relevant information to establish requirements to improve the effectiveness, performance, and awareness of the covered battery stewardship program. new text end new text begin Subd. 5. new text end new text begin Amending or terminating covered battery stewardship plan. new text end new text begin (a) The covered battery clearinghouse may amend a covered battery stewardship plan approved under subdivision 4 without review or approval by the commissioner to make the changes specified in clauses (1) to (3). Within 30 days after adopting an amendment under this paragraph, the covered battery clearinghouse must report the amendment to the commissioner and the commissioner must publish the amended stewardship plan on the agency's publicly accessible website. The covered battery clearinghouse must implement amendments made to a stewardship plan under this paragraph within 60 days after adopting the amendment. The covered battery clearinghouse may: new text end new text begin (1) add, terminate, or replace a covered battery collector, collection site, person providing covered services, or facility where covered services will be performed; new text end new text begin (2) add or remove participants or brands covered under the covered battery stewardship plan; or new text end new text begin (3) change contact staff or contact staff information for the covered battery clearinghouse, covered battery stewardship organizations, participants, covered battery collectors, or persons providing covered services. new text end new text begin (b) Except for an amendment under paragraph (a), the revised covered battery stewardship plan containing any amendment must be submitted to and reviewed and approved by the commissioner before it may be implemented by the covered battery clearinghouse. The commissioner must review and approve or reject the covered battery stewardship plan containing the proposed amendment according to subdivision 4. new text end new text begin (c) The covered battery clearinghouse must submit an amended covered battery stewardship plan for review: new text end new text begin (1) at least every five years according to this subdivision and subdivision 4; or new text end new text begin (2) within 60 days if the commissioner determines that an amended stewardship plan is necessary to implement sections 115A.1331 to 115A.1347. new text end new text begin (d) The covered battery clearinghouse may terminate a covered battery stewardship plan only: new text end new text begin (1) by providing at least 90 days' written notice to the commissioner and to all covered battery stewardship organizations and participants in the covered battery stewardship program; and new text end new text begin (2) after a replacement covered battery stewardship plan submitted by the covered battery clearinghouse or a new covered battery clearinghouse is approved by the commissioner under subdivision 4. new text end new text begin (e) The commissioner may terminate a covered battery stewardship plan for good cause, as defined in paragraph (f). If the commissioner terminates a covered battery stewardship plan, the commissioner must provide the covered battery clearinghouse with written notice of termination describing the good cause for termination. The commissioner must also notify all participants in the covered battery stewardship program in writing of the termination, using the contact information for the participants provided in the covered battery stewardship plan. new text end new text begin (f) For purposes of paragraph (e), "good cause" includes but is not limited to: new text end new text begin (1) failure by the covered battery clearinghouse to: new text end new text begin (i) fully and accurately disclose required or requested information to the commissioner; new text end new text begin (ii) comply with the terms of sections 115A.1331 to 115A.1347; or new text end new text begin (iii) pay fees or penalties owed to the commissioner or comply with an order lawfully issued by the commissioner; and new text end new text begin (2) a finding that the covered battery clearinghouse's activities endanger human health or the environment and the danger cannot reasonably be removed by an amendment to the covered battery stewardship plan. new text end new text begin Subd. 6. new text end new text begin Compliance. new text end new text begin (a) The covered battery clearinghouse must comply with the covered battery stewardship plan approved by the commissioner, including any amendments to the stewardship plan that are made according to subdivision 5, paragraph (a) or (b). The covered battery clearinghouse must ensure that all covered battery stewardship organizations, participants, and persons providing covered services also comply with the stewardship plan and are responsible to the covered battery clearinghouse and to the commissioner for compliance. new text end new text begin (b) All other covered battery stewardship organizations must comply with the covered battery stewardship plan approved by the commissioner, including any amendments to the stewardship plan that are made according to subdivision 5, paragraph (a) or (b). A covered battery stewardship organization must ensure that all participants the organization represents and all persons providing covered services for which the organization is responsible also comply with the stewardship plan and are responsible to the covered battery stewardship organization and to the commissioner for compliance. new text end new text begin (c) The covered battery clearinghouse must ensure that covered battery collectors are reimbursed according to the reimbursement rates approved by the commissioner according to section 115A.1333 and the method described in the covered battery stewardship plan. new text end new text begin (d) The covered battery clearinghouse must ensure that all costs of the covered battery stewardship program are fully paid for by participants, except for de minimis covered battery producers. All costs of the covered battery stewardship program must be fairly allocated between groups of participants without any fee, charge, surcharge, or any other cost to: new text end new text begin (1) any member of the public; new text end new text begin (2) any business other than a covered battery producer; new text end new text begin (3) any covered battery collector; new text end new text begin (4) any person providing covered services; new text end new text begin (5) the state or any political subdivision; new text end new text begin (6) de minimis covered battery producers; or new text end new text begin (7) any other person that is not a covered battery producer. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 8. new text begin [115A.1337] COVERED BATTERY CLEARINGHOUSE AND COVERED BATTERY STEWARDSHIP ORGANIZATIONS; DUTIES AND STRUCTURE. new text end new text begin Subdivision 1. new text end new text begin Duties to covered battery collectors. new text end new text begin (a) The covered battery clearinghouse must ensure that the following are provided to each covered battery collector: new text end new text begin (1) reimbursement at the rates approved by the commissioner according to section 115A.1333 and the method described in the covered battery stewardship plan; new text end new text begin (2) pickup and transport of collected covered batteries from each covered battery collection site in sufficient time and quantity to allow the covered battery collector to safely receive covered batteries without interruption or cost to the covered battery collector; new text end new text begin (3) appropriate containers for storage and transportation of covered batteries and supplies necessary for the collection of covered batteries; new text end new text begin (4) signage to identify collection sites and the covered batteries accepted at the collection sites; new text end new text begin (5) training for covered battery collection site employees on identifying and safely handling and storing covered batteries, including damaged, defective, or recalled batteries, also known as DDR batteries; new text end new text begin (6) educational materials that address the information described in subdivision 5, paragraph (a), clause (3), for distribution to members of the public and businesses in Minnesota. The educational materials must be made available in English and at least the three languages most commonly spoken at homes in the state other than English, according to the state demographer; and new text end new text begin (7) direction to an alternate covered battery collector whenever a covered battery collector determines and reports to the covered battery clearinghouse, according to section 115A.1341, subdivision 1, paragraph (d), that the collector cannot safely collect a covered battery. The covered battery clearinghouse must ensure that the covered battery is collected by another covered battery collector. new text end new text begin (b) The covered battery clearinghouse and covered battery stewardship organizations must consider the request of a covered battery collector to perform covered services if the covered battery collector meets the performance standards in the covered battery stewardship plan under section 115A.1335, subdivision 2, paragraph (a), clause (15), and the covered battery collector and the covered battery clearinghouse or covered battery stewardship organization agree after negotiation in good faith on the fees to be paid to the covered battery collector for performing the covered services. The covered battery stewardship plan must identify the covered battery collector as providing covered services according to section 115A.1335, subdivision 2, paragraph (a), clause (5). new text end new text begin (c) The covered battery clearinghouse and covered battery stewardship organizations must allow the following persons to serve as a covered battery collector: new text end new text begin (1) a person that agrees to operate or continues to operate a full covered battery collection site in compliance with: new text end new text begin (i) the conditions in section 115A.1335, subdivision 2, paragraph (a), clauses (19) to (22), (24), and (25), and any other applicable provisions of the covered battery stewardship plan in section 115A.1335; and new text end new text begin (ii) section 115A.1341; and new text end new text begin (2) a household hazardous waste management program. new text end new text begin (d) The covered battery clearinghouse may terminate a covered battery collector, except a household hazardous waste management program, and cease payment to the covered battery collector for good cause. new text end new text begin Subd. 2. new text end new text begin Duty to negotiate in good faith. new text end new text begin The covered battery clearinghouse and covered battery stewardship organizations must negotiate in good faith: new text end new text begin (1) allocation of covered battery stewardship program costs with and among participants; and new text end new text begin (2) payments for covered services to persons providing covered services. new text end new text begin Subd. 3. new text end new text begin Accessibility. new text end new text begin (a) The covered battery stewardship program must provide convenient, equitable, and accessible service to all persons in Minnesota, including but not limited to people of color; Minnesota Tribal governments as defined in section 10.65, subdivision 2; those that are non-English speaking; immigrant and refugee communities; those with limited access to transportation; and those in environmental justice areas. new text end new text begin (b) The covered battery stewardship program must include collection opportunities beyond those required under section 115A.1335, subdivision 3, to better serve populations under paragraph (a), such as individual pickup from households and temporary events to provide enhanced collection availability. new text end new text begin (c) Where feasible, the covered battery stewardship program must encourage establishing covered battery collection sites in proximity to local public transit. new text end new text begin Subd. 4. new text end new text begin Oversight; eligibility to provide covered services. new text end new text begin (a) The covered battery clearinghouse and covered battery stewardship organizations must ensure that covered batteries and residual materials managed under the covered battery stewardship program are managed according to the performance standards in section 115A.1335, subdivision 2, paragraph (a), clause (15), by all persons providing covered services. new text end new text begin (b) To ensure that covered batteries and residual materials are managed to the maximum extent practicable in accordance with section 115A.02, paragraph (b), the commissioner may require performance standards and oversight methods in lieu of or in addition to the performance standards and oversight methods used by the covered battery clearinghouse under paragraph (a) and section 115A.1335, subdivision 2, paragraph (a), clause (15), for persons providing covered services for covered batteries. The commissioner may consider data submitted under subdivision 7; the availability and feasibility of technology, processes, and methods for managing covered batteries; and other information related to the effectiveness of the covered battery stewardship program. new text end new text begin Subd. 5. new text end new text begin Program effectiveness. new text end new text begin (a) To support the effectiveness of the covered battery stewardship program, the covered battery clearinghouse must provide outreach and education to: new text end new text begin (1) persons that might sell, offer for sale or promotional purposes, distribute, or facilitate a sale of covered batteries in or into the state, to inform them of the requirements of section 115A.1347, subdivision 2; new text end new text begin (2) potential covered battery collectors and persons who collected covered batteries before the effective date of this section to inform them how to request coverage by the covered battery stewardship program; and new text end new text begin (3) members of the public to raise awareness of: new text end new text begin (i) public health and safety and environmental risks caused by improperly charging, storing, and disposing of covered batteries; new text end new text begin (ii) methods to safely charge and store covered batteries; new text end new text begin (iii) the benefits of recycling covered batteries in contrast to disposal; and new text end new text begin (iv) the existence of the covered battery stewardship program and the ability to manage covered batteries at no cost, including the location and convenience of covered battery collection sites in the state. new text end new text begin (b) The covered battery clearinghouse must maintain a publicly accessible website to locate covered battery collection sites through map-based and text-based searches. new text end new text begin (c) The covered battery clearinghouse may coordinate or combine the provision of education efforts under paragraphs (a) and (b) with education efforts required for the covered battery clearinghouse under subdivision 1. The immunities conveyed by section 115A.1345, subdivision 2, also apply to any such coordination or combination. new text end new text begin (d) The covered battery clearinghouse must, in addition to the requirements of paragraphs (a) to (c) and subdivision 6, take action to decrease the incidence of covered batteries in solid waste generated in the state as soon as practicable and to the maximum extent achievable. The commissioner may determine the effectiveness of the covered battery stewardship program using information from waste composition studies under section 115A.412 and other information available to the commissioner and may require the covered battery clearinghouse to submit information and implement actions to decrease the incidence of covered batteries in solid waste in accordance with section 115A.1335, subdivisions 2, paragraph (a), clause (38), and 3, paragraph (b), clause (6). new text end new text begin Subd. 6. new text end new text begin Public advisory committee. new text end new text begin (a) The covered battery clearinghouse must establish and maintain a public advisory committee. new text end new text begin (b) The duties of the public advisory committee are to: new text end new text begin (1) assist with drafting, continuous review, and periodic audit of the covered battery clearinghouse's outreach and education activities, including but not limited to signage and educational materials; and new text end new text begin (2) make recommendations to the covered battery clearinghouse and the commissioner to continuously improve the effectiveness of the outreach and education activities and maximize participation in the covered battery stewardship program. new text end new text begin (c) The public advisory committee must meet and make recommendations before a covered battery stewardship plan is submitted to the commissioner. new text end new text begin (d) Membership of the committee must include representatives of stakeholders of the covered battery stewardship program, including but not limited to: new text end new text begin (1) the commissioner; new text end new text begin (2) household hazardous waste management programs; new text end new text begin (3) covered battery collectors that are not household waste management programs; new text end new text begin (4) persons providing or that might provide covered services; new text end new text begin (5) producers; and new text end new text begin (6) other persons providing statewide representation. new text end new text begin Subd. 7. new text end new text begin Reporting. new text end new text begin (a) The covered battery clearinghouse must report an amendment to the covered battery stewardship plan made under section 115A.1335, subdivision 5, paragraph (a), to the commissioner within 30 days after making the amendment. new text end new text begin (b) By April 1 each year after a covered battery stewardship plan is approved under section 115A.1335, subdivision 4, the covered battery clearinghouse must report to the commissioner, in a form and manner prescribed by the commissioner, on the covered battery clearinghouse's activities during the preceding calendar year. The covered battery clearinghouse must also submit a copy of the report to the board. The report must include: new text end new text begin (1) the address, county of location, and geolocation data for each covered battery collection site served by the covered battery stewardship program during the preceding calendar year; new text end new text begin (2) the chemistry by weight of covered batteries collected during each calendar year, in accordance with section 115A.1335, subdivision 2, paragraph (a), clause (27); new text end new text begin (3) a description by chemistry by weight of: new text end new text begin (i) the end management through recycling or disposal of the covered batteries shipped from covered battery collection sites under the covered battery stewardship program, in accordance with section 115A.1335, subdivision 2, paragraph (a), clause (37); new text end new text begin (ii) the records maintained or received by the covered battery clearinghouse to document the end management described in item (i); and new text end new text begin (iii) the method or methods of verification used by the covered battery clearinghouse to ensure that the records maintained or received in item (ii) accurately reflect the actual end management of the covered batteries; new text end new text begin (4) the effectiveness of the covered battery clearinghouse's efforts to decrease the incidence of covered batteries in solid waste in the state, in accordance with section 115A.1335, subdivision 2, paragraph (a), clause (38); new text end new text begin (5) the results of the oversight according to section 115A.1335, subdivision 2, paragraph (a), clause (15), verifying that the performance standards were met by each of the persons providing covered services; new text end new text begin (6) a description of outreach and education activities provided by the covered battery clearinghouse during the preceding calendar year according to subdivision 5; new text end new text begin (7) a financial report on the covered battery stewardship program, including actual costs and funding compared to the budget for the year submitted under section 115A.1335, subdivision 2, paragraph (b). The financial report must include an audit report of the covered battery stewardship program, including the covered battery clearinghouse and any additional covered battery stewardship organizations, by an independent auditor. The independent auditor must be selected by the covered battery clearinghouse and approved or rejected by the commissioner. If the commissioner rejects an independent auditor, the covered battery clearinghouse must select a different independent auditor for approval or rejection by the commissioner. The independent audit must meet the requirements of Accounting Standards Update 2018-08, Not-for-Profit Entities (Topic 958), Financial Accounting Standards Board, as amended; new text end new text begin (8) the proposed and actual budget for the year in which the report is submitted; and new text end new text begin (9) starting on the second April 1 after the covered battery clearinghouse's first covered battery stewardship plan is approved by the commissioner, and then every third year thereafter, a performance audit of the covered battery stewardship program. The performance audit must conform to audit standards established by the United States Government Accountability Office; the National Association of State Auditors, Comptrollers and Treasurers; or another nationally recognized organization approved by the commissioner. new text end new text begin Subd. 8. new text end new text begin Organization of clearinghouse and stewardship organizations. new text end new text begin (a) A covered battery stewardship organization and the covered battery clearinghouse must: new text end new text begin (1) be a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code; and new text end new text begin (2) comply with section 5.36. new text end new text begin (b) The covered battery clearinghouse and covered battery stewardship organizations may contract with subordinate persons to implement or administer a portion or portions of the covered battery stewardship plan or to coordinate with a group or groups of participants. new text end new text begin (c) A contract established under paragraph (b) must be described under section 115A.1335, subdivision 2, paragraph (a), clause (6). new text end new text begin (d) Notwithstanding any contract established under paragraph (b), the covered battery clearinghouse must: new text end new text begin (1) submit a single covered battery stewardship plan to the commissioner meeting the requirements of sections 115A.1331 to 115A.1347; new text end new text begin (2) submit a single report to the commissioner according to subdivision 7 meeting the requirements of sections 115A.1331 to 115A.1347; new text end new text begin (3) serve as the single point of contact for reporting, reimbursement, and payment to the agency; and new text end new text begin (4) maintain all responsibility and liability for compliance with all other requirements of sections 115A.1331 to 115A.1347 applicable to the covered battery clearinghouse. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2027. new text end Sec. 9. new text begin [115A.1339] FEES. new text end new text begin Subdivision 1. new text end new text begin Administrative fees. new text end new text begin (a) By October 1, 2027, the commissioner must calculate the sum of all costs that the agency incurred to implement and administer sections 115A.1331 to 115A.1347 from July 1, 2026, to June 30, 2027. new text end new text begin (b) By December 1, 2027, the commissioner must assess an administrative fee to the covered battery clearinghouse at an amount that is adequate to reimburse the agency's costs calculated under paragraph (a). The covered battery clearinghouse must pay the assessed administrative fee by the due date set by the commissioner. new text end new text begin (c) By April 1, 2028, and annually thereafter, the commissioner must calculate the sum of all costs that the agency incurred to implement and administer sections 115A.1331 to 115A.1347 during the six months of July through December of the preceding calendar year. By October 1, 2028, and annually thereafter, the commissioner must calculate the sum of all costs that the agency incurred to implement and administer sections 115A.1331 to 115A.1347 during the six months of January through June of that calendar year. new text end new text begin (d) Notwithstanding section 16A.1283, the commissioner must semiannually assess annual administrative fees to the covered battery clearinghouse at an amount that is adequate to reimburse the agency's costs calculated under paragraph (c). The covered battery clearinghouse must pay the assessed administrative fees by the due dates set by the commissioner. new text end new text begin (e) For purposes of this subdivision, costs of the board are considered costs incurred by the agency. new text end new text begin (f) All agency costs calculated under this subdivision may be recovered in a civil action brought by the attorney general against any person that may be liable under this subdivision or any other law. Any costs that are recovered by the attorney general, including any award of attorney fees, must be deposited in the battery stewardship account under paragraph (g). new text end new text begin (g) A battery stewardship account is established in the special revenue fund. new text end new text begin Subd. 2. new text end new text begin Recovery and proper management fees. new text end new text begin (a) When the commissioner intends to spend money for the recovery and proper management of covered batteries under section 115A.1343, subdivision 1, notwithstanding section 16A.1283, the commissioner must assess the estimated cost of recovery and proper management of covered batteries to the covered battery clearinghouse. new text end new text begin (b) The cost under paragraph (a) must not include any subsequent remediation of the real properties where the covered batteries are located nor the cost of any environmental assessment of the properties to determine appropriate subsequent remediation under other law. Such costs must not be paid from any money assessed, collected, or appropriated under this section. The covered battery clearinghouse must pay the assessed recovery and management fee by the due date set by the commissioner. new text end new text begin (c) If, after the covered batteries have been recovered and properly managed, the actual cost of recovery and proper management of the recovered batteries is less than the fee paid by the covered battery clearinghouse, the commissioner must refund the excess payment. If the cost of recovery and proper management exceeds the fee paid by the covered battery clearinghouse, the commissioner must assess the covered battery clearinghouse for the deficit. The covered battery clearinghouse must pay the assessed recovery and management fee deficit by the due date set by the commissioner. new text end new text begin Subd. 3. new text end new text begin Disposition of fees. new text end new text begin The total amount of net fees collected under this section must not exceed the amount necessary to reimburse agency costs as calculated under subdivisions 1 and 2. All fees received under subdivisions 1 and 2 must be deposited in the state treasury and credited to the battery stewardship account in the special revenue fund. The amount collected under this section is annually appropriated to the commissioner to implement and enforce sections 115A.1331 to 115A.1347. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 10. new text begin [115A.1341] COVERED BATTERY COLLECTOR DUTIES. new text end new text begin Subdivision 1. new text end new text begin Accepting covered products. new text end new text begin (a) All covered battery collectors must accept covered batteries without imposing a fee, charge, surcharge, or other cost to any person other than the covered battery clearinghouse. new text end new text begin (b) At a full covered battery collection site, a covered battery collector must accept from any person at least ten covered batteries daily of any brand, type, physical size, energy capacity, or chemistry, unless the covered battery collector determines a specific covered battery cannot be safely collected by the covered battery collector at a specific covered battery collection site at a specific time. A full covered battery collection site must be open to receiving covered batteries at least 12 operating hours per week, 50 weeks each calendar year. new text end new text begin (c) A household hazardous waste management program may accept covered batteries at any covered battery collection site that the program operates. The household hazardous waste management program may limit from which persons it will accept covered batteries and may limit the number, type, physical size, energy capacity, or chemistry of a covered battery accepted. The covered battery clearinghouse may count a covered battery collection site operated by the household hazardous waste management program as a full covered battery collection site when demonstrating compliance with the convenience standards under section 115A.1335, subdivision 3, only if the household hazardous waste management program voluntarily agrees in writing with the covered battery clearinghouse to comply with paragraph (b) at the site. new text end new text begin (d) A covered battery collector that determines that it cannot safely accept a specific covered battery according to paragraph (b) must document the reason for not accepting the covered battery and immediately notify the covered battery clearinghouse of the nonacceptance to allow the covered battery clearinghouse to arrange for alternate collection of the covered battery under section 115A.1337, subdivision 1, paragraph (a), clause (7). new text end new text begin Subd. 2. new text end new text begin Storing accepted covered batteries. new text end new text begin A covered battery collector must manage and store all accepted covered batteries safely and in compliance with all applicable federal, state, and local laws, including but not limited to applicable rules adopted under section 116.07 for managing solid waste and hazardous waste. new text end new text begin Subd. 3. new text end new text begin Training. new text end new text begin A covered battery collector must ensure and document that training is provided for covered battery collection site employees on identifying and safely handling and storing covered batteries, including damaged, defective, or recalled batteries, also known as DDR batteries. The covered battery collector may provide the training or may receive training through the covered battery clearinghouse. new text end new text begin Subd. 4. new text end new text begin Record keeping. new text end new text begin (a) A covered battery collector must maintain records as specified in this paragraph for at least three years and make the records available to the commissioner for inspection. The records must include the chemistry by weight of covered batteries and any additional information required by the commissioner. The records must document for each calendar year the covered batteries: new text end new text begin (1) accepted at a covered battery collection site; and new text end new text begin (2) shipped from a covered battery collection site. new text end new text begin (b) A covered battery collector must maintain documentation of each employee's training related to covered batteries starting on the date of training and for at least three years following the last day that the employee worked for the covered battery collector. new text end new text begin Subd. 5. new text end new text begin Covered services. new text end new text begin (a) A covered battery collector may request that the covered battery clearinghouse use a particular person to provide covered services on behalf of the covered battery clearinghouse. The covered battery clearinghouse must consider the request. new text end new text begin (b) A covered battery collector may request that the covered battery clearinghouse allow the covered battery collector to provide covered services on behalf of the covered battery clearinghouse. To make a request, the covered battery collector must be able to show that it meets the performance standards in section 115A.1335, subdivision 2, paragraph (a), clause (15). The covered battery collector must negotiate in good faith the fees to be paid to the covered battery collector for providing the covered services. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 11. new text begin [115A.1343] COVERED BATTERIES RECOVERY AND PROPER MANAGEMENT. new text end new text begin Subdivision 1. new text end new text begin Recovery and proper management. new text end new text begin (a) In addition to any authority granted by other law and without limiting that authority, whenever the commissioner determines that covered batteries have been abandoned, improperly disposed of, or stored on real property within the state in a manner not in compliance with sections 115A.1331 to 115A.1347 or with applicable rules adopted under section 116.07, subdivision 2, paragraph (d), or 4, paragraph (g), the commissioner may issue an order under section 115.071, subdivision 5; 116.07, subdivision 9; or 116.072, subdivision 1, requiring a person responsible for the abandonment, improper disposal, or noncompliant storage of the covered batteries to recover and properly manage the covered batteries according to sections 115A.1331 to 115A.1347 and applicable rules. An order under this paragraph must notify the person of the provisions of this subdivision. new text end new text begin (b) If a person that receives an order under paragraph (a) fails to complete the ordered actions to recover and properly manage the covered batteries within the time specified in the order, then after that time or upon expiration of the appeal period for the order, whichever is later, the commissioner must notify the covered battery clearinghouse in writing of: new text end new text begin (1) the commissioner's determination that the covered batteries have been abandoned, improperly disposed of, or stored in a noncompliant manner; new text end new text begin (2) the name of the person that was issued the order under paragraph (a) and the location of the covered batteries; new text end new text begin (3) the actions required to recover and properly manage the covered batteries; and new text end new text begin (4) the amount of time that the covered battery clearinghouse may, with the consent of the person, attempt to complete the actions to recover and properly manage the covered batteries on behalf of the person before the commissioner takes action. new text end new text begin (c) If the covered battery clearinghouse intends to arrange for recovery and proper management of the covered batteries, the covered battery clearinghouse must notify the commissioner of its intent and submit a plan to recover and properly manage the covered batteries to the commissioner. The covered battery clearinghouse must then comply with its submitted recovery and management plan. new text end new text begin (d) If, after the period specified in paragraph (b), the ordered actions to recover and properly manage the covered products have not been completed, or upon earlier notice from the covered battery clearinghouse that it does not intend to take the actions, the commissioner may recover and properly manage the covered batteries. The commissioner must estimate the cost for a person contracted to the agency to perform the recovery and management. The commissioner must assess the estimated cost to the covered battery clearinghouse according to section 115A.1339, subdivision 2. After the covered battery clearinghouse pays the assessed fee, the commissioner may recover and properly manage the covered batteries. Money appropriated to the commissioner from the battery stewardship account may be spent by the commissioner to recover and properly manage the covered batteries. new text end new text begin (e) In addition to the authority to enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations under section 115A.06, the commissioner or commissioner's designee or agent may enter upon the property to recover covered batteries when acting under this subdivision. new text end new text begin Subd. 2. new text end new text begin Limited private right of action for recovery and proper management. new text end new text begin (a) If the covered battery clearinghouse arranges and pays for the recovery and proper management of covered batteries under subdivision 1, paragraph (c), the covered battery clearinghouse may maintain a civil action against a person issued an order to recover and properly manage those covered batteries under subdivision 1, paragraph (a). The covered battery clearinghouse is entitled to damages under this paragraph of twice the actual cost of recovery and proper management of the covered batteries. Additional amounts recoverable under this paragraph include an award of reasonable attorney fees and costs. new text end new text begin (b) If the covered battery clearinghouse is assessed and pays the cost to recover and properly manage covered batteries under subdivision 1, paragraph (d), and section 115A.1339, subdivision 2, the covered battery clearinghouse may maintain a civil action against a person issued an order to recover and properly manage those covered batteries under subdivision 1, paragraph (a). The covered battery clearinghouse is entitled to damages under this paragraph equal to the cost of recovery and proper management of covered batteries. Additional amounts recoverable under this paragraph include an award of reasonable attorney fees and costs. new text end new text begin (c) The commissioner may not be a party to or be required to provide assistance or otherwise participate in a civil action authorized under this subdivision unless subject to a subpoena before a court of jurisdiction. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 12. new text begin [115A.1345] OTHER AUTHORITIES AND DUTIES. new text end new text begin Subdivision 1. new text end new text begin Limited private right of action against producers. new text end new text begin (a) Except as provided in paragraph (e), the covered battery clearinghouse or a covered battery stewardship organization may maintain a civil action against one or more covered battery stewardship organizations or one or more covered battery producers, except a de minimis covered battery producer, to recover a portion of the covered battery clearinghouse's or covered battery stewardship organization's costs and additional amounts according to this subdivision. new text end new text begin (b) Damages recoverable under this subdivision may not exceed a fair share of the actual costs incurred by the plaintiff covered battery clearinghouse or covered battery stewardship organization under sections 115A.1331 to 115A.1347; of managing covered batteries of other covered battery producers that were not participants; or that should otherwise have been due to the covered battery clearinghouse from a subordinate covered battery stewardship organization. Additional amounts recoverable under this subdivision include an award of reasonable attorney fees and costs. If a defendant covered battery producer did not participate in the covered battery stewardship program during the period when covered batteries of the defendant were managed by the plaintiff covered battery clearinghouse or covered battery stewardship organization, a punitive sum of up to three times the damages awarded may be assessed. new text end new text begin (c) A plaintiff covered battery clearinghouse may establish a defendant covered battery stewardship organization's fair share of the plaintiff's actual costs by providing the court with information by which the defendant covered battery stewardship organization's share of the covered battery stewardship program costs would have been allocated had the defendant covered battery stewardship organization paid its allocated share. The plaintiff covered battery clearinghouse may use data from other covered battery stewardship organizations to provide the information. new text end new text begin (d) A plaintiff covered battery clearinghouse or covered battery stewardship organization may establish a defendant covered battery producer's fair share of the plaintiff's actual costs by providing the court with information establishing the process by which the defendant covered battery producer's share of covered battery stewardship program costs would have been allocated had the defendant covered battery producer been a participant in the program or paid its allocated share if it was a participant. The plaintiff covered battery clearinghouse or covered battery stewardship organization may use data from covered battery producers similar in covered battery, financial status, or market share to the defendant covered battery producer to provide the information. new text end new text begin (e) An action may not be commenced under this subdivision against a potential defendant until 60 days after the plaintiff provides to all potential defendants a written notice of the claim setting forth the amount of the claim and the basis for the calculation of the amount. new text end new text begin (f) No action may be brought under this subdivision against a person other than a covered battery producer or covered battery stewardship organization. new text end new text begin (g) The commissioner may not be a party to or be required to provide assistance or otherwise participate in a civil action authorized under this subdivision unless subject to a subpoena before a court of jurisdiction. new text end new text begin Subd. 2. new text end new text begin Conduct authorized. new text end new text begin A covered battery producer, covered battery stewardship organization, or covered battery clearinghouse that organizes collection and covered services for covered batteries under sections 115A.1331 to 115A.1347 is immune from liability for the conduct under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce only to the extent that the conduct is necessary to plan and implement the covered battery producer's, covered battery stewardship organization's, or covered battery clearinghouse's chosen system. new text end new text begin Subd. 3. new text end new text begin Duty to provide information. new text end new text begin Upon request of the commissioner for purposes of implementing sections 115A.1331 to 115A.1347, 115A.9157, or 325E.125, a person must furnish to the commissioner any information that the person has or may reasonably obtain. new text end new text begin Subd. 4. new text end new text begin Contracts. new text end new text begin (a) Any person awarded a contract under chapter 16C for purchase or lease of covered batteries that is found to be in violation of sections 115A.1331 to 115A.1347 is subject to the following sanctions: new text end new text begin (1) the contract must be voided if the commissioner of administration determines that the potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract; and new text end new text begin (2) the contractor is subject to suspension and disbarment under Minnesota Rules, part 1230.1150. new text end new text begin (b) If the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating sections 115A.1331 to 115A.1347, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit. new text end new text begin Subd. 5. new text end new text begin Multistate implementation. new text end new text begin The commissioner may participate in establishing a regional multistate organization or compact to assist in carrying out the requirements of sections 115A.1331 to 115A.1347. new text end new text begin Subd. 6. new text end new text begin Rules. new text end new text begin The commissioner may adopt rules to implement sections 115A.1331 to 115A.1347. The 18-month time limit under section 14.125 does not apply to rulemaking under this subdivision. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2026. new text end Sec. 13. new text begin [115A.1347] DISPOSAL PROHIBITIONS; BATTERY LABELING; COVERED BATTERY SALES RESTRICTION. new text end new text begin Subdivision 1. new text end new text begin Disposal prohibition. new text end new text begin (a) A person may not place a covered battery into: new text end new text begin (1) solid waste; or new text end new text begin (2) a recycling container that a covered battery collector has not clearly marked for use for collecting covered batteries. new text end new text begin (b) A person must manage a covered battery that is discarded by delivering the covered battery to a covered battery collection site or to a recycling facility for covered batteries. new text end new text begin (c) Until recycled, covered batteries are not exempt from any applicable rules adopted under section 116.07 for managing hazardous waste. new text end new text begin Subd. 2. new text end new text begin Labeling and sale; requirements. new text end new text begin (a) A person may not sell, including online sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a sale of a covered battery unless the covered battery is labeled as required under clauses (1) to (3). Labeling under this paragraph must be permanently marked on or affixed to the covered battery and must use language, graphics, or a QR code. A QR code must be compliant with International Organization of Standardization 18004:2015 and access equivalent data via the Internet that is available without a fee or a requirement to create an account. The labeling must identify: new text end new text begin (1) the battery chemistry employed to store energy in the battery; new text end new text begin (2) the energy capacity of the battery in watt-hours; and new text end new text begin (3) the manufacturer of the battery or the brand under which the battery will be sold. new text end new text begin (b) A person may not sell, including online sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a sale of a covered battery unless: new text end new text begin (1) the covered battery's producer is named as a participant in a covered battery stewardship plan published under section 115A.1335, subdivision 4; or new text end new text begin (2) the brand is named as covered in the approved covered battery stewardship plan published under section 115A.1335, subdivision 4. new text end new text begin (c) A person may not sell, including online sales; offer for sale or promotional purposes; distribute in or into the state; or facilitate a sale of a covered battery if the covered battery stewardship plan under which the covered battery was covered has been terminated under section 115A.1335, subdivision 5, until a new covered battery stewardship plan is approved under section 115A.1335, subdivision 4. new text end new text begin (d) This subdivision does not apply to isolated and occasional sales of a covered battery that are not made in the normal course of business, as exempted from sales tax under section 297A.67, subdivision 23. new text end new text begin (e) This subdivision does not apply to sales, including online sales; offers for sale or promotional purposes; distribution; or facilitation of a sale of a used covered battery. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 14. Minnesota Statutes 2024, section 115A.554, is amended to read: 115A.554 AUTHORITY OF SANITARY DISTRICTS. A sanitary district has the authorities and duties of counties within the district's boundary for purposes of sections 115A.0716 ; 115A.46 , subdivisions 4 and 5; 115A.48 ; 115A.551 ; 115A.552 ; 115A.553 ; 115A.919 ; 115A.929 ; 115A.93 ; 115A.96, subdivision 6 ; deleted text begin 115A.961 ; deleted text end 116.072 ; 375.18, subdivision 14 ; 400.04 ; 400.06 ; 400.07 ; 400.08 ; 400.16 ; and 400.161 . new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 15. Minnesota Statutes 2024, section 115A.9157, is amended to read: 115A.9157 RECHARGEABLE BATTERIES AND PRODUCTS. Subdivision 1. Definition. deleted text begin For the purpose of this section, "rechargeable battery" means a sealed nickel-cadmium battery, a sealed lead acid battery, or any other rechargeable battery, except a rechargeable battery governed by section 115A.9155 or exempted by the commissioner under subdivision 9. deleted text end new text begin The terms used in this section have the meanings given in sections 115A.03 and 115A.1331. new text end Subd. 2. Prohibition. deleted text begin Effective August 1, 1991, A person may not place in mixed municipal solid waste a rechargeable battery, a rechargeable battery pack, a product with a nonremovable rechargeable battery, or a product powered by rechargeable batteries or rechargeable battery pack, from which all batteries or battery packs have not been removed. deleted text end new text begin A person may not place a product powered by rechargeable batteries in solid waste unless all batteries have been removed from the product. new text end Subd. 3. Collection and management costs. A manufacturer of deleted text begin rechargeable batteries or deleted text end products powered by rechargeable batteries new text begin that are not easily removable from the products new text end is responsible for the costs of collecting and managing its deleted text begin waste rechargeable batteries and waste deleted text end products new text begin under subdivision 5 new text end to ensure that the new text begin products and new text end batteries are not part of the solid waste stream. Subd. 5. Collection and management programs. (a) deleted text begin By September 20, 1995, the manufacturers deleted text end new text begin A manufacturer under subdivision 3 new text end or their representative organization shall implement new text begin a new text end permanent deleted text begin programs, based on the results of the pilot projects required in Minnesota Statutes 1994, section 115A.9157 , subdivision 4, deleted text end new text begin program new text end that may be reasonably expected to collect 90 percent of the deleted text begin waste rechargeable batteries and the deleted text end participating deleted text begin manufacturers' deleted text end new text begin manufacturer's new text end products powered by rechargeable batteries new text begin that are not easily removable from the products and new text end that are generated new text begin as waste new text end in the state. The deleted text begin batteries and deleted text end products collected must be recycled or otherwise managed or disposed of properly. (b) In every odd-numbered year deleted text begin after 1995 deleted text end , each manufacturer or a representative organization shall provide information to the new text begin commissioner and the new text end senate and house of representatives committees having jurisdiction over environment and natural resources and environment and natural resources finance that specifies at least the estimated amount of new text begin battery-containing products powered by new text end rechargeable batteries new text begin that are not easily removed from the products new text end subject to this section deleted text begin sold deleted text end new text begin generated as waste new text end in the state by deleted text begin each deleted text end manufacturer deleted text begin and deleted text end new text begin , new text end the amount of deleted text begin batteries each deleted text end new text begin such products new text end collected during the previous two years new text begin , and the methodology used to calculate those amounts new text end . A representative organization may report the amounts in aggregate for all the members of the organization. Subd. 6. deleted text begin List of participants deleted text end new text begin Program notice new text end . A manufacturer or its representative organization shall inform new text begin the commissioner and new text end the committees listed in subdivision 5 when they begin deleted text begin participating in the projects and programs deleted text end new text begin implementing a program under subdivision 5 new text end and immediately if they deleted text begin withdraw participation deleted text end new text begin stop implementing a program new text end . Subd. 7. Contracts. A manufacturer or a representative organization of manufacturers may contract with deleted text begin the state or a political subdivision deleted text end new text begin any person new text end to provide collection services under this section. The manufacturer or organization shall fully reimburse the deleted text begin state or political subdivision deleted text end new text begin person new text end for the value of any contractual services rendered under this subdivision. Subd. 8. Anticompetitive conduct. A manufacturer or organization of manufacturers and its officers, members, employees, and agents who participate in deleted text begin projects or programs to collect and properly manage waste rechargeable batteries or products powered by rechargeable batteries deleted text end new text begin a program under this section new text end are immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce for activities related to the collection and management of deleted text begin batteries and deleted text end products required under this section. deleted text begin Subd. 9. deleted text end deleted text begin Exemptions. deleted text end deleted text begin To ensure that new types of batteries do not add additional hazardous or toxic materials to the mixed municipal solid waste stream, the commissioner of the agency may exempt a new type of rechargeable battery from the requirements of this section if it poses no unreasonable hazard when placed in and processed or disposed of as part of a mixed municipal solid waste. deleted text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 16. Minnesota Statutes 2024, section 116.92, subdivision 6, is amended to read: Subd. 6. Mercury thermometers prohibited. (a) A manufacturer, wholesaler, or retailer may not sell or distribute at no cost a thermometer containing mercury that was manufactured after June 1, 2001. (b) Paragraph (a) does not apply to an electronic thermometer with a battery containing mercury if the battery is in compliance with deleted text begin section 325E.125 deleted text end new text begin subdivision 8l new text end . (c) A manufacturer is in compliance with this subdivision if the manufacturer: (1) has received an exclusion or exemption from a state that is a member of the Interstate Mercury Education and Reduction Clearinghouse (IMERC) for replacement parts when no alternative is available or for an application when no feasible alternative is available; (2) submits a copy of the approved exclusion or exemption to the commissioner; and (3) meets all of the requirements in the approved exclusion or exemption for the manufacturer's activities within the state. new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 17. Minnesota Statutes 2024, section 116.92, is amended by adding a subdivision to read: new text begin Subd. 8l. new text end new text begin Ban; mercury in batteries. new text end new text begin A person may not sell, offer for sale, or distribute in or into the state: new text end new text begin (1) an alkaline manganese battery that contains mercury that is not a button cell nonrechargeable battery; new text end new text begin (2) a nonrechargeable button cell battery that contains more than 25 milligrams of mercury; or new text end new text begin (3) a dry cell battery containing a mercuric oxide electrode. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2030. new text end Sec. 18. Minnesota Statutes 2024, section 325E.1151, subdivision 1, is amended to read: Subdivision 1. Purchasers must return battery or pay surcharge. (a) A person who purchases a new text begin large new text end lead acid battery at retail, except a new text begin large new text end lead acid battery that is designed to provide power for a boat motor that is purchased at the same time as the battery, must: (1) return a new text begin large new text end lead acid battery to the retailer new text begin at the time of purchase new text end ; or (2) pay the retailer a surcharge of at least $10. (b) A person who has paid a surcharge under paragraph (a) must receive a refund of the surcharge from the retailer if the person returns a new text begin large new text end lead acid battery with a receipt for the purchase of a new new text begin large lead acid new text end battery from that retailer within 30 days after purchasing deleted text begin a deleted text end new text begin the new text end new lead acid battery. (c) A retailer may keep the unrefunded surcharges for new text begin large new text end lead acid batteries not returned within 30 days. new text begin (d) For purposes of this section, "large lead acid battery" has the meaning given in section 115A.1331. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 19. Minnesota Statutes 2024, section 325E.1151, subdivision 2, is amended to read: Subd. 2. Retailers must accept batteries. (a) A person who sells new text begin large new text end lead acid batteries at retail new text begin , including for installation by the seller or any other person, new text end must accept new text begin at least five large new text end lead acid batteries from deleted text begin consumers deleted text end new text begin a consumer daily new text end and may not charge to receive the deleted text begin lead acid deleted text end batteries. deleted text begin A consumer may not deliver more than five lead acid batteries to a retailer at one time. deleted text end (b) A retailer of new text begin large new text end lead acid batteries must recycle the new text begin large new text end lead acid batteries received from consumers. (c) A retailer who violates paragraph (b) is guilty of a misdemeanor. Each new text begin large new text end lead acid battery that is not recycled is a separate violation. new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 20. Minnesota Statutes 2024, section 325E.1151, subdivision 3, is amended to read: Subd. 3. Retailers must post notices. (a) A person who sells new text begin large new text end lead acid batteries at retail must post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions. (b) The notice must be at least 8-1/2 inches by 11 inches and contain the universal recycling symbol and state: "NOTICE: USED BATTERIES This retailer is required to accept your used new text begin large new text end lead acid batteries, EVEN IF YOU DO NOT PURCHASE A BATTERY. When you purchase a new battery, you will deleted text begin be charged an additional amount deleted text end new text begin pay a surcharge new text end of at least $10 unless you return a used battery new text begin at the time of purchase. If you return a used battery to the retailer new text end within 30 days new text begin of purchasing a new battery, the surcharge amount will be refunded new text end . It is deleted text begin a crime deleted text end new text begin illegal new text end to put a deleted text begin motor vehicle battery deleted text end new text begin batteries new text end in the deleted text begin garbage deleted text end new text begin trash new text end ." new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 21. Minnesota Statutes 2024, section 325E.1151, is amended by adding a subdivision to read: new text begin Subd. 5. new text end new text begin Wholesaler duty. new text end new text begin A person that sells large lead acid batteries at wholesale or offers large lead acid batteries for sale at wholesale must accept, at the point of transfer, large lead acid batteries from customers. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 22. Minnesota Statutes 2024, section 325E.12, is amended to read: 325E.12 PENALTY. Violation of sections 325E.10 to 325E.1151 is a petty misdemeanor. Sections 325E.10 to 325E.1151 may be enforced under deleted text begin section deleted text end new text begin sections new text end 115.071 new text begin and 116.072 new text end . new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 23. Minnesota Statutes 2024, section 325E.125, subdivision 3, is amended to read: Subd. 3. Rechargeable deleted text begin tools and appliances deleted text end new text begin consumer products new text end . (a) deleted text begin A manufacturer deleted text end new text begin After January 1, 2028, a person new text end may not sell, new text begin including online sales; facilitate a sale of, as defined in section 115A.03; new text end distribute deleted text begin , deleted text end new text begin ; new text end or offer for sale in new text begin or into new text end this state a rechargeable consumer product unless: (1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and (2) the product and the battery are both labeled in a manner that is clearly visible to the consumer indicating that the battery must be recycled or disposed of properly and the battery must be clearly identifiable as to the type of electrode used in the battery. (b) "Rechargeable consumer product" as used in this subdivision means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes. deleted text begin (c) On application by a manufacturer, the commissioner of the Pollution Control Agency may exempt a rechargeable consumer product from the requirements of paragraph (a) if: deleted text end deleted text begin (1) the product cannot be reasonably redesigned and manufactured to comply with the requirements prior to the effective date of Laws 1990, chapter 409, section 2; deleted text end deleted text begin (2) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or deleted text end deleted text begin (3) the type of electrode used in the battery poses no unreasonable hazards when placed in and processed or disposed of as part of mixed municipal solid waste. deleted text end deleted text begin (d) An exemption granted by the commissioner of the Pollution Control Agency under paragraph (c), clause (1), must be limited to a maximum of two years and may be renewed. deleted text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 24. Minnesota Statutes 2024, section 325E.125, subdivision 5, is amended to read: Subd. 5. Prohibitions. deleted text begin A manufacturer of rechargeable batteries or products powered by rechargeable batteries that does not participate in the pilot projects and programs required in section 115A.9157 deleted text end new text begin (a) A person new text end may not sell, new text begin including online sales; facilitate a sale of; new text end distribute deleted text begin , deleted text end new text begin ; new text end or offer for sale in new text begin or into new text end this state rechargeable batteries or products powered by rechargeable batteries deleted text begin after January 1, 1992. deleted text end new text begin that are not easily removable unless new text end deleted text begin After January 1, 1992, a person who first purchases rechargeable batteries or products powered by rechargeable batteries for importation into the state for resale may not purchase rechargeable batteries or products powered by rechargeable batteries made by any person other than a deleted text end new text begin the new text end manufacturer deleted text begin that deleted text end participates in the deleted text begin projects and programs deleted text end new text begin program new text end required under section 115A.9157 . new text begin (b) The terms used in this subdivision have the meanings given in sections 115A.03 and 115A.1331. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 25. Minnesota Statutes 2024, section 325E.1251, subdivision 2, is amended to read: Subd. 2. Recovery of costs. Section 325E.125 may be enforced under deleted text begin section deleted text end new text begin sections new text end 115.071 new text begin and 116.072 new text end . In an enforcement action under this section in which the state prevails, the state may recover reasonable administrative expenses, court costs, and attorney fees incurred to take the enforcement action, in an amount to be determined by the court. new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end Sec. 26. new text begin REVISOR INSTRUCTION. new text end new text begin The revisor of statutes must renumber Minnesota Statutes, section 115A.03, subdivision 10b, as section 115A.03, subdivision 10e; and Minnesota Statutes, section 115A.03, subdivision 10c, as section 115A.03, subdivision 10f. new text end Sec. 27. new text begin REPEALER. new text end new text begin Minnesota Statutes 2024, sections 115A.9155; 115A.961, subdivisions 1, 2, and 3; 325E.115; 325E.1151, subdivision 4; 325E.125, subdivisions 1, 2, 2a, and 4; and 325E.1251, subdivision 1, new text end new text begin are repealed. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2026. new text end APPENDIX Repealed Minnesota Statutes: 26-07862 115A.9155 DISPOSING OF CERTAIN DRY CELL BATTERIES. Subdivision 1. Prohibition. A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, silver oxide electrode, nickel-cadmium, or sealed lead-acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility. Subd. 2. Manufacturer responsibility. (a) A manufacturer of batteries subject to subdivision 1 shall: (1) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Minnesota; and (2) clearly inform each final purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser. (b) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall: (1) identify collectors, transporters, and processors for the waste batteries and contract or otherwise expressly agree with a person or persons for the proper collection, transportation, and processing of the waste batteries; or (2) accept waste batteries returned to its manufacturing facility. (c) At the time of sale of a battery subject to subdivision 1, a manufacturer shall provide in a clear and conspicuous manner a telephone number that the final consumer of the battery can call to obtain information on specific procedures to follow in returning the battery for recycling or proper disposal. The manufacturer may include the telephone number and notice of return procedures on an invoice or other transaction document held by the purchaser. The manufacturer shall provide the telephone number to the commissioner of the agency. (d) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser. (e) A manufacturer that has complied with this subdivision is not liable under subdivision 1 for improper disposal by a person other than the manufacturer of waste batteries. 115A.961 HOUSEHOLD BATTERIES; COLLECTION, PROCESSING, AND DISPOSAL. Subdivision 1. Definition. For the purposes of this section, "household batteries" means disposable or rechargeable dry cells commonly used as power sources for household or consumer products including, but not limited to, nickel-cadmium, alkaline, mercuric oxide, silver oxide, zinc oxide, lithium, and carbon-zinc batteries, but excluding lead acid batteries. Subd. 2. Program. (a) The commissioner, in consultation with other state agencies, political subdivisions, and representatives of the household battery industry, may develop household battery programs. The commissioner must coordinate the programs with the Legislative-Citizen Commission on Minnesota Resources study on batteries. (b) The commissioner shall investigate options and develop guidelines for collection, processing, and disposal of household batteries. The options the commissioner may investigate include: (1) establishing a grant program for counties to plan and implement household battery collection, processing, and disposal projects; (2) establishing collection and transportation systems; (3) developing and disseminating educational materials regarding environmentally sound battery management; and (4) developing markets for materials recovered from the batteries. (c) The commissioner may also distribute funds to political subdivisions to develop battery management plans and implement those plans. Subd. 3. Participation. A political subdivision, on its own or in cooperation with others, may implement a program to collect, process, or dispose of household batteries. A political subdivision may provide financial incentives to any person, including public or private civic groups, to collect the batteries. 325E.115 LEAD ACID BATTERIES; COLLECTION FOR RECYCLING. Subdivision 1. Surcharge; collection; notice. (a) A person selling lead acid batteries at retail or offering lead acid batteries for retail sale in this state shall: (1) accept, at the point of transfer, lead acid batteries from customers; (2) charge a fee of at least $10 per battery sold unless the customer returns a used battery to the retailer; and (3) post written notice in accordance with section 325E.1151 . (b) Any person selling lead acid batteries at wholesale or offering lead acid batteries for sale at wholesale must accept, at the point of transfer, lead acid batteries from customers. Subd. 2. Compliance; management. The commissioner of the Pollution Control Agency shall inform persons governed by subdivision 1 of requirements for managing lead acid batteries. 325E.1151 LEAD ACID BATTERY PURCHASE AND RETURN. Subd. 4. Notices required in newspaper advertisements. (a) An advertisement for sale of new lead acid batteries at retail in newspapers published in this state must contain the notice in paragraph (b). (b) The notice must state: "At least $10 additional charge unless a used lead acid battery is returned. Improper disposal of a lead acid battery is a crime." 325E.125 GENERAL AND SPECIAL PURPOSE BATTERY REQUIREMENTS. Subdivision 1. Labeling. (a) The manufacturer of a button cell battery that is to be sold in this state shall ensure that each battery contains no intentionally introduced mercury or is labeled to clearly identify for the final consumer of the battery the type of electrode used in the battery. (b) The manufacturer of a rechargeable battery that is to be sold in this state shall ensure that each rechargeable battery is labeled to clearly identify for the final consumer of the battery the type of electrode and the name of the manufacturer. The manufacturer of a rechargeable battery shall also provide clear instructions for properly recharging the battery. Subd. 2. Mercury content. (a) Except as provided in paragraph (c), a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery that contains more than 0.025 percent mercury by weight. (b) On application, the commissioner of the Pollution Control Agency may exempt a specific type of battery from the requirements of paragraph (a) or (d) if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. A battery exempted by the commissioner under this paragraph is subject to the requirements of section 115A.9155, subdivision 2 . (c) Notwithstanding paragraph (a), a manufacturer may not sell, distribute, or offer for sale in this state a button cell nonrechargeable battery not subject to paragraph (a) that contains more than 25 milligrams of mercury. (d) A manufacturer may not sell, distribute, or offer for sale in this state a dry cell battery containing a mercuric oxide electrode. (e) After January 1, 1996, a manufacturer may not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains mercury unless the commissioner of the Pollution Control Agency determines that compliance with this requirement is not technically and commercially feasible. Subd. 2a. Approval of new batteries. A manufacturer may not sell, distribute, or offer for sale in this state a nonrechargeable battery other than a zinc air, zinc carbon, silver oxide, lithium, or alkaline manganese battery, without first having received approval of the battery from the commissioner of the Pollution Control Agency. The commissioner shall approve only batteries that comply with subdivision 1 and do not pose an undue hazard when disposed of. This subdivision is intended to ensure that new types of batteries do not add additional hazardous or toxic materials to the state's mixed municipal waste stream. Subd. 4. Rechargeable batteries and products; notice. (a) A person who sells rechargeable batteries or products powered by rechargeable batteries governed by section 115A.9157 at retail shall post the notice in paragraph (b) in a manner clearly visible to a consumer making purchasing decisions. (b) The notice must be at least four inches by six inches and state: "ATTENTION USERS OF RECHARGEABLE BATTERIES AND CORDLESS PRODUCTS: Under Minnesota law, manufacturers of rechargeable batteries, rechargeable battery packs, and products powered by nonremovable rechargeable batteries will provide a special collection system for these items by April 15, 1994. It is illegal to put rechargeable batteries in the garbage. Use the special collection system that will be provided in your area. Take care of our environment. DO NOT PUT RECHARGEABLE BATTERIES OR PRODUCTS POWERED BY NONREMOVABLE RECHARGEABLE BATTERIES IN THE GARBAGE." (c) Notice is not required for home solicitation sales, as defined in section 325G.06 , or for catalogue sales. 325E.1251 PENALTY ENFORCEMENT. Subdivision 1. Penalty. Violation of section 325E.125 is a misdemeanor. A manufacturer who violates section 325E.125 is also subject to a minimum fine of $100 per violation.